A. Criminal Penalties. Any person who violates any provision or who fails to comply with any of the requirements of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with the provisions of Chapter 1.20 of this Code, and by the performance of community service in the form of graffiti clean up to the maximum extent permitted by California Penal Code Section 594 and/or any other such provision of law.
B. Additional Penalties Available. Whenever appropriate, the City intends to petition a sentencing court to impose the following additional penalties upon conviction:
1. Litter or graffiti clean up pursuant to California Vehicle Code Section 42001.7 upon conviction of violation of California Vehicle Code Sections 23111, 23112 or 23113(a).
2. Suspension or delay of issuance of a driver’s license pursuant to California Vehicle Code Section 13202.6 upon a graffiti vandalism conviction.
3. Performance of community service, including graffiti removal service by any minor determined to be a ward of the court as a result of committing a vandalism-related offense in the City, as provided in California Welfare and Institutions Code Section 742.16.
4. Performance of community service, including graffiti removal service of up to one hundred (100) hours by any minor determined to be a ward of the court as a result of committing a drug related offense in the City, as provided in California Welfare and Institutions Code Section 729.8.
C. It is the City’s further intent that, pursuant to California Penal Code Section 640.6(a), all acts of graffiti vandalism occurring within the City shall be prosecuted as misdemeanors pursuant to California Penal Code Section 594, et seq., or this Chapter.
D. Pursuant to California Civil Code Section 1714.1(b), any parent or legal guardian whose minor child possesses a graffiti implement shall be personally liable for any and all costs to any person or business incurred in connection with the removal of graffiti caused by said minor child, or by said graffiti implement, and for all law enforcement costs, City staff costs, attorneys’ fees and court costs incurred in connection with the civil prosecution of any claims for damages or reimbursement up to the sum of twenty-five thousand dollars ($25,000.00).
E. Pursuant to California Government Code Section 38773.6, the City may abate any nuisance resulting from the defacement by a minor of property by another by graffiti or other inscribed materials in accordance with Sections 9.80.070.A., B., C. and D. Pursuant to the procedures set forth in Chapter 1.22 of this Code, the City shall be entitled to recovery of all costs incurred by the City under this Chapter, including all nuisance abatement costs.
[Ord. No. 568, Section 17, 5/10/17.]